05/03/2007
At the Statehouse
NFIB supports Senate bill to curb eminent domain abuse
NFIB/Ohio Legislative Director Ty Pine offered testimony this week in support of Senate Bill 7 (Sen. Grendell). The legislation is the result of the Eminent Domain Task Force and issues NFIB identified as problematic in Ohio's current eminent domain laws. Pine highlighted the difference between House and Senate bills in their definition of blight. NFIB is supportive of the Senate bill as the language contains a more narrowly defined definition of blight that is vastly superior to that of the House legislation.
Eminent domain abuse took center stage following the 2005 U.S. Supreme Court decision in Kelo v. New London, where the court allowed governments to use eminent domain to take property from one private entity and give it to another private entity solely for the purpose of "economic development."
NFIB/Ohio and the NFIB Legal Foundation filed a friend of the court brief in support of business and property owners in an Ohio Supreme Court case from Norwood, Ohio. Ultimately the court ruled in favor of the business and property owners, but legislation is needed to ensure uniformity and a fair eminent domain process for business and property owners.
NFIB will be working to support both SB 7 and Senate Joint Resolution 1 (Sen. Coughlin) during the 127th General Assembly. In the meantime, please contact your state representatives and senators to ask for their support on this issue.
House passes state budget 97-0; misses first opportunity to reduce death tax
While the spirit of bipartisanship was flowing in the Statehouse this week, the Ohio House neglected to address the anti-business Ohio death tax. NFIB has been working on legislation, House Bill 3 (Rep. Latta) and House Bill 4 (Rep. Wolpert) to reduce, if not eliminate, the Ohio death tax. While NFIB was working to include the death tax reduction in the budget, the House ultimately passed the budget without the death tax reduction.
While the House Ways and Means Committee continues to hold hearings on HB 3 and 4, NFIB will continue to push for inclusion of the death tax cut in the budget deliberations taking place in the Ohio Senate.
Supreme Court to decide fate of tort reform laws
The Ohio Supreme Court this week heard oral arguments on a case challenging the caps on non-economic and punitive damages as passed in Senate Bill 80 (Sen. Stivers) in late 2004.
The case involves a woman who developed blood clots and other medical conditions due to her use of a birth control product manufactured by Johnson & Johnson Pharmaceutical Company. The woman is challenging the $350,000 cap put in place for non-economic or "pain and suffering" damages. Her attorneys are challenging the components of SB 80 as unconstitutional and have argued the provisions preempt an individual's right to a jury trial.
NFIB led the coalition in 2004 to pass SB 80 as a means of reducing the number of frivolous lawsuits and to prevent personal injury lawyers from using scare tactics on small employers to force groundless settlements. NFIB has filed a friend of the court brief in support of the caps and will continue to monitor the case.
House speaker, Senate president and issue experts added to Small-Business Day line-up: Have you registered?
House Speaker Jon Husted and Senate President Bill Harris have been added to the agenda for Small-Business Day at the Capitol taking place May 22. In addition to the legislative leaders, issue experts on eminent domain, the death tax and health-care reform have recently been added to the agenda.
This year's Small-Business Day will take place on May 22 at the Hyatt on Capitol Square and the Statehouse Atrium. The morning program will take place at the Hyatt and will be focused on the Ohio death tax, eminent domain abuse and the cost of health care. The legislative luncheon will take place at the Statehouse Atrium and feature over 100 members of the House and Senate.
For more information please contact Andy Patterson at (614) 221-4107 or register online today!
Ohio Department of Health finalizes smoking ban rules; enforcement now in effect
Though passed in November of 2006 and effective in December of 2006, the statewide Ohio smoking ban will now be more fully enforced as the Ohio Department of Health has successfully adopted rules for enforcement of the smoking ban. As with any new law passed by the voters, the state agency charged with enforcement had to develop administrative rules for enforcement of the law.
Now the rules are in place and local boards of health will be able to fine businesses found to be in non-compliance with state law.
NFIB partnered with the law firm of Bricker & Eckler to provide NFIB members with some tips and advice on how to best to comply with the smoking ban. View the full presentation. View the final ODH rules.
Your NFIB/Ohio staff
- Executive Director Roger Geiger
- Legislative Director Ty Pine
- Assistant State Director Kyle Jackson
- Member Support Manager Andy Patterson
- Member Benefits Chris Ferruso
- Communications Mandy Minick
- Executive Asst. Wanda Holycross
- Administrative Assistant Amanda Paisley
